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2. Short facts leading to the writ appeal are as hereunder:

The appellant is having a property with an extent of 44.4 Ares, comprised in Re.Sy.Nos.157/6, 157/7, 157/9/1 and 158/1-6 of Block No.1 of Mundakayam Village in Kanjirapally Taluk. Due to financial constraint, the appellant was constrained to sell the property. Some prospective purchasers came to purchase the said property at a value of Rs.8,000/-

per cent. But they have backtracked from purchasing on coming to know that the fair value of the property was Rs.38,000/- per Are. It is at that time that the appellant came to know that the fair value of the property was fixed at Rs.38,000/- per Are. Hence an appeal was preferred to the District Collector and the same was rejected through Ext.P1 order. Ext.P1 order was passed without considering the recommendations and findings of the Sub Collector. As per the report of the Sub Collector, the category of the property can be recorded as garden land without road access, instead of residential plot without road access. It is also reported that the property is an agricultural land, without basic facilities. Hence reported that the fair value of the property can be reassessed as Rs.17,500/- per Are. But the impugned order of the District Collector is based on the erroneous finding that the property is a residential one, with private road access. Due to the anomaly in the fair value and market value of the property, the appellant was unable to sell the property which has infringed his right. Hence, writ petition was filed.

iv) Fixing the same fair value for property having road access and the property without road access itself shows that fixation of fair value is vitiated by non-application of mind and non-

consideration of relevant aspects.

v) The learned single Judge of this Hon'ble court and the District Collector misinterpreted the statement of the appellant that his property has a walkway as property having private road access. In fact as per Ext.P2 sale deed the appellant's property has no private road access.

4. On the above grounds and inviting the attention of this court to Section 28A(2) of the Kerala Stamp Act, 1959 and also to Ext.P3 report of the Tahsildar, Kanjirappally dated 16.11.2018, Mr.Titto Thomas, learned counsel for the appellant submitted that as per Ext.P3 report of the Tahsildar, Kanjirappally dated 16.11.2018, the category of the appellant's property has been described as "residential plot, without road access". He further submitted that the Tahsildar, in Ext.P3 report, has categorically stated that the appellant's property is situated in Mundakkayam Village in Vallitta Area, without road access. The property is cultivable land, without road access and basic facility. The property is seen to be recorded as Garden Land, without road access, instead of Residential plot, without road access. In the above circumstances, the Tahsildar has reported that the fair value of appellants property can be fixed at Rs.17,500/- per Are. Learned counsel for the appellant further submitted that the District Collector, Kottayam (respondent No.1), in Ext.P2 proceedings dated 30.6.2019, without considering the parameters to be taken note of in Section 28A(2), has arbitrarily fixed the fair value of the appellant's property, based on the fair value of the adjacent properties alone. He further submitted that the utility of the appellant's property, has not been taken note of, but the District Collector has considered a very limited factor, namely the location of the property alone.

The category of the Residential plot, without road access appellants property The fair value Rs.17500 per Are recommended the appellants property (per Are) The circumstances The appellants property is situated in in which the fair Mundakayam Village in Vallitta Area value of the without road access. The above property appellants property is cultivable land without road access and is re-assessed basic facility. The above property is seen to be recorded as Garden Land without road access instead of Residential plot without road access. In the above circumstances, the information that the fair value of appellants property can be fixed at Rs.17,500/- per Are